1.
LARIMER
COUNTY STORMWATER QUALITY ORDINANCE AMENDMENT 2ND READING:
This is a request
to adopt the proposed updates to the Stormwater Quality Ordinance.

The National Pollution Discharge
Elimination System (NPDES) program is a national standard that regulates
stormwater quality. Under the umbrella of the NPDES program, the Colorado
Department of Public Health and Environment (CDPHE) administers the Colorado
Discharge Permit System (CDPS) for stormwater discharges associated with
municipal separate storm sewer systems (MS4s). An MS4 is defined as a drainage
and storm sewer conveyance system, owned or operated by a public agency that is
not connected to a sanitary sewer system and does not lead to a water treatment
plant.

This MS4 permit authorizes Larimer
County to discharge stormwater into waters of the State. The initial MS4 permit
period for Larimer County was from 2003 to 2008. The second permit period began
in March of 2008 and will expire towards the end of 2013.

To be in compliance with the terms of
the second permit, Larimer County adopted the Larimer County Stormwater Quality
Ordinance in January of 2008. The ordinance is now applicable in unincorporated
Larimer County. The ordinance provided Larimer County with the necessary legal
authority to pursue illicit discharge violations, which is a component of program
areas #4, #5, and #6.

The MS4 permit requires adherence to six
(6) minimum areas of required compliance. Those areas are:

1.
Providing public
education about the importance of discharge elimination

2.
Support for public
participation by encouraging dialogue between government and
individuals / businesses

3.
Utilization of ‘good
housekeeping’ measures for internal local entity projects and policies

As
part of the CDPHE’s second permit period audit program, it was brought to our
attention that several minor changes to our current stormwater quality
ordinance were needed to be in full compliance with the MS4 permit. County
engineering staff has therefore made the draft changes to the ordinance to
ensure that the County is in compliance with the State permit requirements.
The changes clarify applicability and requirements of the ordinance and also
facilitate enforcement of our Stormwater Management Plan to the “maximum extent
practicable.”

The
proposed ordinance changes are attached. The main changes include:

·
The definition for “non-stormwater Discharge” has been changed to
more closely match the language in the State MS4 Permit. It should be noted
that after the initial reading staff made changes to line items (k.) and added
line item (l.) in the definition based on comments from Commissioner Gaiter
after the meeting.

·
The definition of “Construction Activity” will be changed to
clearly match the correct disturbance language required in the MS4 permit.

·
The Best Management Practice (BMP) Definition will be expanded to
specifically include permanent, post construction BMPs.

·
Section 10 of the ordinance has been expanded to make it clear
that “all construction activity” must comply with the ordinance.

·
Minor changes have been made to Section 13 of the ordinance to
clarify the applicability of the ordinance and the County enforcement
procedures.

OTHER
AGENCY’S INPUT:

The
CDPHE gave all Colorado MS4 permit holders until December 31, 2012, to adopt
any needed changes to their ordinances and codes, so many other permit holders
are also in the process of updating their ordinances by the required
timeframe. Staff collaborated with these other permit holders to work through
the details of the needed ordinance changes.

Staff
has also been working on the draft changes with the Colorado Stormwater
Council, a non-profit organization created to facilitate collaboration between
the State CDPS Municipal Stormwater (MS4) permit holders.

After input and coordination with other
jurisdictions, the draft language in the ordinance was further refined after
several reviews by the County Attorney.

ORDINANCE
ADOPTION PROCESS:

The
1st reading of the Larimer County Stormwater Quality Ordinance
occurred at a Board of County Commissioners Administrative Matters meeting on
October 9th, at which time the BCC elected to move forward in the
adoption process towards this public hearing.

Since
the first reading, the full ordinance was published in the Coloradoan on
October 19, 2012.

The
next step is the second reading at a public hearing, which is the public
hearing with the Board of County Commissioners on November 5, 2012.

After
the second reading, a second publication in a paper is also required. The full
publication is required if any changes were made since the initial reading.
Since two minor additions have been made to the ordinance based on input from
Commissioner Gaiter after the initial reading, the entire ordinance will be
published again.

The
revised ordinance is effective 30 days after the second publication in the
paper. The effective date is expected to be approximately December 15, 2012.

STAFF
FINDINGS:

The
ordinance changes will allow the County to be in compliance with State permit
regulations. Staff has been implementing the requirements of the current
ordinance since 2008 and there are no substantial regulation changes being made
with the proposed revisions.

The
majority of the NPDES program will continue to be focused on education,
outreach and prevention to reduce the frequency and impacts of pollutants being
accidentally or intentionally discharged onto neighboring properties and into
the roadside ditches, rivers, canals, lakes, and other major water bodies of
Larimer County. However, the ordinance will continue to provide the County
with the needed enforcement capabilities to have an effective stormwater
program.

Ms. Shambo explained the
proposed changes, and a brief discussion with the Board ensued.

There was no one in the
audience present to comment on this item.

M O T I O N

Commissioner Donnelly moved
that the Board of County Commissioners adopt the proposed changes to the
Larimer County Stormwater Quality Ordinance.

1.
PUBLIC COMMENT:
Eric Sutherland provided comments regarding Abound Solar Energy and he
commended the Weld County Commissioners who are seeking to retrieve the tax
dollars owed to their community by this company. Mr. Sutherland also stated
that these same solar panels were installed on Rocky Mountain Innosphere
buildings, paid for with tax increment funding, and he urged the Larimer County
Commissioners to ensure that community schools do not suffer from the loss of
tax dollars related to this type of practice.

2.
APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 29, 2012:

M
O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners approve the minutes for
the week of October 29, 2012.

Motion
carried 2-0.

3.
REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 12, 2012:
Ms. Hart
reviewed the upcoming schedule with the Board.

4.
CONSENT AGENDA:

M
O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners approve the following
documents, as listed on the consent agenda outlined below:

11062012A001 FY12
NATIONAL EMERGENCY GRANT ON-THE-JOB TRAINING (NEG-OJT) PROGRAM EXPENDITURE
AUTHORIZATION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER
COUNTY WORKFORCE CENTER AND THE COLORADO DEPARTMENT OF LABOR

11062012A002 SIGNAL
BEHAVIORAL HEALTH NETWORK PARTICIPATION AGREEMENT BY AND BETWEEN THE BOARD OF
COUNTY COMMISSIONERS, LARIMER COUNTY COMMUNITY CORRECTIONS AND SIGNAL
BEHAVIORAL HEALTH NETWORK, INC.

11062012A003 AMENDMENT
TO THE DEVELOPMENT AGREEMENT FOR WARBERG FARM CONSERVATION DEVELOPMENT,
04-S2296, BETWEEN THE BOARD OF COUNTY COMMISSIONERS, SONJA E. MAST, THE WARBERG
FARM DEVELOPMENT LLC, AND WARBERG FARM HOMEOWNER’S ASSOCIATION

11062012R001 FINDINGS
AND RESOLUTION APPROVING THE INTERSTATE LAND HOLDINGS MINOR LAND DIVISION

5.
“NATIONAL FAMILY CAREGIVER MONTH” PROCLAMATION:
Ms. McGowan
requested that the Board proclaim the month of November as “National Family
Caregiver Month.” Commissioner Donnelly read the proclamation aloud, and some
discussion ensued.

M
O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners proclaim the month of
November 2012, as “National Family Caregiver Month.”

Motion
carried 2-0.

6.
APPOINT LARIMER COUNTY REPRESENTATIVE TO THE LARIMER ENERGENCY TELEPHONE
AUTHORITY (LETA): Ms.
Hoffmann explained that Undersheriff Bill Nelson’s term is up for renewal and
he has requested to continue representing Larimer County on the LETA Board.

M O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners approve the appointment
of Undersheriff Bill Nelson to the Larimer Emergency Telephone Authority Board
for a two-year term beginning January 1, 2013, and expiring December 31, 2014.

Motion carried
2-0.

7.
VOLUNTARY STAFFING REDUCTION PROGRAM INTERIM UPDATE:
Ms. Volker
presented some data for the Board to review pertaining to the number of
individuals who have applied for staffing reduction, those who have been
approved, and the cost savings thus far. Some discussion ensued.

8.
COUNTY MANAGER WORKSESSION:
Ms. Hoffmann and Ms. Volker explained that there
are six individuals set to terminate employment with Larimer County on December
31, 2012, which will be their last day of work. However, county policy does
not allow someone to terminate on a holiday, and since the Board has authorized
the extra two Monday holidays in December, they requested that these six
individuals be allowed to take advantage of the holiday pay and yet still terminate
at the close of business on December 31, 2012.

M O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners waive county policy and
authorize the six individuals set to terminate employment on December 31, 2012,
to be paid for the holiday as well as terminate their employment at the close
of business; this condition applies only to those six individuals who have
already submitted their termination applications.

Motion
carried 2-0.

9.
COMMISSIONER ACTIVITY REPORTS:
The Board reviewed their activities
and events during the past week.